Macomb County judge's teenage daughter was 'scared for my life' due to 'dangerous driving' of father's companion

By Jameson Cook

Monday, January 28, 2013

Judge Richard Caretti's teenage daughter says she was "scared for my life" due to the "beyond dangerous" driving by her father's companion, who was arrested minutes later for drunken driving.

The 15-year-old also says in text messages to her mother during her late night-early morning ride from Macomb Township to Franklin Village with Brenda Conway that Conway was "drunk beyond belief" and "driving like a maniac," in a copy of the written statement acquired by The Macomb Daily.

"When she drove it was beyond dangerous to have myself in the car," she says in the statement. "She often drove too fast."

She says her father, whom she says was also drunk, "repeatedly" told Conway to slow down. Conway thought "she was funny" once when she slowed from 70 to 40 mph, the girl wrote.

"She also swerved a lot and drove on the rumble strips multiple times," she says.

At one point, she says Caretti yelled at Conway, "Do you understand f---- English?"

"She got upset and emotional and that's when I was scared for my life because she drove from the far left lane all the way to the right and I thought we were going to go off the side of the rode," the girl says.

The statement and text messages shed light on the events of that night and contradict Caretti's claim that he did not know Conway was drunk, and was not drunk himself. Caretti has served as a Macomb County Circuit Court in Mount Clemens judge since 2002.

Caretti's daughter and ex-wife gave Franklin police their statements and copies of text messages after Brenda Conway was arrested for drunken driving with underage occupants about 12:30 a.m. Jan. 13 in front of Lori Conway's home. Brenda Conway registered .18 percent blood-alcohol content in a preliminary breathalyzer test, police said. Her Volkswagen SUV was impounded, and Caretti was dropped off by police at a nearby Tim Hortons.

Lori Conway -- who is a distant relative by marriage of Brenda Conway -- called police during the exchange of text messages.

Brenda Conway, 50, of Troy, faces a pretrial on the misdemeanor charge Monday in 46th District Court in Southfield.

Caretti was being investigated by state Child Protective Services for potential civil child neglect for allowing his children to ride with a drunken driver. No formal allegations have been filed.

Chief Macomb Circuit Judge David Viviano released a statement about the situation: "I am aware that certain allegations have been made against Judge Caretti by his ex-wife. They are serious allegations, and I am confident they will be resolved through the proper legal channels. It would be inappropriate for me to comment further at this time."

Caretti responded to the allegations four days after the incident, saying Brenda Conway adhered to traffic laws.

"She seemed completely fine and normal," Caretti said. "If I had any indication whatsoever that she may have been impaired, I never would have allowed her to drive my children. She drove because she appeared fine, and it was her vehicle."

Caretti said he also was not drunk.

Caretti called Lori Conway "very vindictive and inaccurate" in her description of that night's events. The couple were divorced in 2011 after 16 years of marriage and have a custody arrangement. Lori Conway is a former court reporter.

On that Saturday, the foursome of Caretti, Brenda Conway and his two daughters attended the wedding reception of Caretti's nephew at Sycamore Hills Golf Club and Banquet Center, and afterward Caretti was to drop off his daughters at their mother's home, off 14 Mile Road, west of Telegraph Road.

Lori Conway says in her statement she received a call about 11 p.m. from her 12-year-old daughter who was "crying hysterically that she wanted to come home because her father's date, Brenda Conway, was visibly intoxicated (the girl used the word 'drunk')."

Caretti asked his 15-year-old to drive home because she has a driver's permit, the girl says in her statement, because, "Her and my dad were both extremely drunk."

"I said no because I'm still a new driver and scared to drive at night," she wrote. "My dad told Brenda to drive and she did."

Caretti's version of that scenario also differed; he said she asked him to drive.

The 15-year-old texted her mother at 11:19 p.m. when she said they left the reception, saying, "she's drunk beyond belief and she's driving ... real safe."

At 11:35 p.m. she says Conway is "driving like a maniac so who knows. well (sic) probably get pulled over."

She says that during the drive Conway didn't use the car's turn signals, and when the girl instructed her to turn left upon entering a Franklin subdivision, Conway signaled right.

Caretti was appointed in 2002 and elected in 2004 and re-elected in 2010, serving as chief judge in 2008 and 2009. He earns a salary of $140,000.